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Walker v. Jock

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 9, 2009

SHERMAN WALKER, PLAINTIFF,
v.
E. JOCK; D. HOLFORD; AND S. LECLAIR, DEFENDANTS.

The opinion of the court was delivered by: John J. Donelli; L. Jubert, Dss; Scullin, Senior Judge

ORDER

In a Report-Recommendation and Order dated November 21, 2008, Magistrate Judge Homer recommended that this Court grant Defendants' motion to dismiss. See Dkt. No. 20. Plaintiff objects to Magistrate Judge Homer's Report-Recommendation and Order on the grounds that he has pled an Eighth Amendment violation and a Fourteenth Amendment Due Process violation and that Magistrate Judge Homer erred in alternatively finding that Defendants were entitled to qualified immunity. See Dkt. No. 21 at 3-6.*fn1

With respect to Plaintiff's objections regarding his Eighth Amendment and Due Process claims, the Court concludes that Magistrate Judge Homer correctly applied the appropriate law and that Plaintiff's objections regarding these issues are without merit for the reasons stated in the Report-Recommendation and Order.*fn2 Therefore, the Court finds that it need not address qualified immunity.

Accordingly, after carefully considering Magistrate Judge Homer's Report-Recommendation and Order, Plaintiff's objections thereto, as well as the applicable law, and for the reasons stated herein and in Magistrate Judge Homer's Report-Recommendation and Order, the Court hereby

ORDERS that Magistrate Judge Homer's November 21, 2008 Report-Recommendation and Order is ADOPTED in its entirety; and the Court further

ORDERS that Defendants' motion to dismiss is GRANTED and Plaintiff's Complaint is DISMISSED; and the Court further

ORDERS that the Clerk of the Court shall enter judgment for Defendants and close this case.

IT IS SO ORDERED.


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